Kuwait Court of Cassation principle number 9

A ruling ordering the lessee to pay consideration for his use of the premises after expiry of the lease. Compensation to the lessor for the lessee's occupation of the premises without legal basis. Its unsuitability as compensation for his failure to comply with the judgment rendered against him requiring removal, at his expense, of the encroachments existing on the premises. The basis thereof: the difference in fault, the nature of the harm, and the date of its occurrence in the two cases. - Defective inference. A defect affecting the court's logic in understanding the facts presented to it in the case, impairing the soundness of its deductions, and leading it to a conclusion inconsistent with the premises presented to it. An example concerning the court's inference from delivery of the key to the leased premises to the Enforcement Department and the award of consideration for use that it constitutes compensation for removing the encroachments thereon. - 8 - Obligation